RAM KARAN Vs. JAGDEEP RAI AND SONS

JUDGEMENT

(1.) In the present suit instituted by the plaintiffs against the defendants an application has been filed by defendant No.4 seeking for rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure. Another application has been filed by some applicants seeking for their impleadment in the suit. The said applications have been registered as I.A.No. 3708/1995 and I.A. No.l0333/1998. Since an application under Order 7 Rule II Civil Procedure Code has been filed I heard the learned counsel appearing for the parties on the said application and by this order I propose to dispose of the same.

(2.) The present suit was instituted by the plaintiffs against the defendants No. I to 4 and have sought for an injunction restraining the defendants No. 1 to 3 from forcibly dispossessing the plaintiffs in respect of the suit land. In paragraph 23 of the plaint it is stated that defendant No.4 has been impleaded as a formal party and has claimed no relief as against the said defendant. The case of the plaintiff as set out in the plaint is that they had been allotted the suit land in question by the Gaon Sabha as an 'Asami' under the Delhi Land Reforms Act. Their further case is that the suit land was vested in the Gaon Sabha on the report of the Halqa Patwari as the same was found to be used for non-agricultural purpose and that the land was finally vested in the Gaon Sabha. It was also pleaded that thereafter the plaintiffs removed the encroachments and again started using the land for agricultural purposes. It is also stated in paragraph 15 of the plaint that the matter Is still pending adjudication before the SDM/Revenue Assistant for the purpose of enquiring into the allegation of the plaintiff that they have removed the encroachment.

(3.) In the reply Filed to the application registered as I.A. 10333/1998 the plaintiffs have admitted that the proceedings under Section 81 of the Delhi Land Reforms Act are pending. It is also an admitted position that a similar application as that of the applicants in I.A.10333/1998 has been filed by the present applicants before the Revenue Authority for being impleaded in the said proceeding pending before the Revenue Authority.